The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-11-27
COTTON CASES SETTLED.
THE DAMAGED CARGoES TO BE
SENT FORWARD.


Other Bottoms-All Claims to be Set
tied Hereafter.
The long fight which has been going on
between the underwriters and owners of
cotton that has been damaged in vessels
aud tho owners of the vessels which met
with the disasters has eliminated in the
signing of agreements by Maj. Henry 7.
Bolts, who represented the underwriters
and the owners of the cargoes, aud Masters
Reavely and Ruff, of the British steamships
Resolute and Naples.
These agreements set forth the claims of
all the parties in interest, and they require
that the cargoes of damaged cotton shall be
sont forward in other bottoms, in the names
of the masters of the vessels in which they
were damaged, and under the
original bills of lading; and that
the questions of claims shall be
settled hereafter. The settlement of these
claims in England will probably take place
in court, unless the various parties inter-
ested there come to an agreement, as those
on this side have done. That, however, is
not question which interests the under.
writers and owners of the cargo on this side.
Their point has been gained. They wanted
the cotton sent forward to its port of desti-
nation, and, having accomplished that, they
are satisfied.
LEGAL PROCEEDINGS IMMINENT.
After the cotton was damaged the ship de-
sired TO sell it, as was the custom at this
port. The underwriters did not want it
sold but carried forward. The Captains re-
fused to reload it, The underwriters then
asked that they send it forward in other
bottoms. That they also declined to do. Maj.
Bolts and Mr.. Winder--then came on from
New York and prepared to begin legal pro
ceedings at once. They procured Spanish
vessel which was rendered to Capt. Reavely
and he was asked to accept that, and send
the damaged cotton from the Resolute for
ward in her. Knowing that legal proceed
lngs were imminent, and consequent upon his
answer, he opened negotiations, and the re-
suit was that the agreement above men
toned was reached. According to the in
structions of his owners, Capt. Ruff was
guided by the action of Capt. Reavely, so
he entered into similar agreement.
THE CLAIMS OF BOTH SIDES.
The claims which the ships make is that
the ships and cargo parted company here
and the voyage ended and that the adjust
ment should be made on this side The UNI
derwriters claimed that it was the duty of
the captains to carry or send the cargoes
forward and that the adjustment should be
made on the other side. These are
the claims which the agreements set forth
and which are held in allegiance, without
being waived, until the cargoes shall reach
their destination. The ships did not want
to carry or send the cargoes forward be-
cause the custom in such cases has been to
take new cargo and get all they can of the
freight money for the old. Frequently
ships have demanded a certain per cent. of
the freight money before they would turn
the damaged cargoes oyer to the under
writers. The underwriters wanted the car
goes carried forward, because they wanted
to break up that custom of the ship collect
ing freight money which she has not earned.
An effort was made to obtain a copy of
the agreement, but Maj Bolts, who has
them, not only declined to give them, but
TO say anything about about them.
THE MAIN POINTS AT ISSUE.
The main objects for which the under
writers were fighting, however, were the
abolition of custody commissions and of
Gourlie's adjustments. A custody commits
sion of 213 per cent was formerly paid the
custodian Of the cargoes in cases of fines,
who was under bond to prevent further
damage to the cargoes and to give
the best care and act in the
interest of all parties concerned. If
he failed IN any particular he
was liable on his bond to the extent of his
failure. Now the custodian gives no bond
and has few duties to perform. If he fails
to protect the cargo the damage may or
may not be collected from him. Really
but he has chung to the COM
missions which he received when he
was responsible. These commissions have
been abolished elsewhere, and it is the de-
sire of the underwriters to abolish them
here and establish in their stead a fair and
equitable fee. Gourlie'5 adjustments do
not appear to have been satisfactory to all
the parties in interest, and the fight has
been made on them Mr.. Gourlie has been
in Savannah, but when the agreement was
signed and he was not considered he left.
THE IMPORTANCE OF THE CASE.
Vessels in which the damaged cargoes are
to be shipped are being negotiated for, and
as soon as they are secured the cotton will
be loaded. The cotton of the Resolute and
Naples which was not damaged has
been sent forward and sold. The
Hughenden's cotton has been sent
to Liverpool on the decks of other vessels
by the underwriters. The reason the Hugh
enden was not in the fight with the others is
that she was bound for Barcelona, and not
knowing whether that would be a good
market for wet cotton, the underwriters
took the 1,469 bales which were damaged
and shipped them
The agreement ends a case which is i'm
portant as well as unique. There has
never before been one like it. The fight
was begun in Charleston when the Horse
Guards cargo burned, but it was never
pushed to a conclusion. The case
is important for two reasons
first, in the future vessels will reload their
damaged cargoes and carry them forward
or send them forward in other vessels:
second, if the cotton fires are incendiary'
this will take away one possible motive for
incendiarism. Cotton fires in the future
will not be so likely to Occur, however. as
every lighter load of cotton that passes up
or down the river is Carefully covered with
tarpaulins and mad i spark-proof.
THE VICE CONSUL INVOLVED
1t is reported that the British Vice Consul
here will get into trouble with his govern
ment, however, because of his action in the
case After the decision of the Naval
Court that the cargo was unfit to be carried
forward under decks, Capt. Reavely wished
to discharge his crew and take a volunteer
crew, but basing his action on the decision
of the Naval Court, the Vice Consul re-
fused to permit the captain to dis
charge the crew and threatened if
he did to take away his license although
British law permits captain to discharge
{ crew without cause provided he paws
them three months wages in advance 1t is
said that the Vice Consurs action has been
reported to the Foreign Office and that it is